Served with a notice from your landlord

Private tenants are usually entitled to a written notice to leave their homes. How much notice you get depends on the type of tenancy you have and the reason you are being evicted.  

What you should do

If you have been served with a notice to leave your home by your landlord, you should:

• Find out your legal rights to remain as you may be able to stay in your home for an extended period of time after the notice has expired (this depends on the type of tenancy agreement you have)
• Start to look for another home as soon as possible before the notice expires

Type of tenancy

It is important that you understand the type of tenancy you have as this affects an eviction notice and processes that must be followed. There are two main types:

Assured shorthold tenancies

Assured shorthold tenancies are by far the most common type of private tenancy.

Generally for tenants who rent privately (not from a council or housing association and do not live with their landlord)

These tenancies are usually for six to 12 months. Your deposit must be protected and your landlord must give you at least two months notice to leave.

Lodger agreement

This is where you share accommodation with your landlord (e.g. kitchen, bathroom). You have the legal status of an excluded occupier, and your landlord only has to give you reasonable notice to leave.

You can check other types of tenancy on Tenancy rights checker - Shelter England.

Notice and eviction process

There are three steps your landlord has to follow to evict you from your assured shorthold tenancy in a private rented home.

Step 1 – Valid notice

Your notice must be valid before a landlord can make you leave. Remember you do not need to leave just because you have been asked, you have rights. Please seek advice about this area as it is quite complex.

Section 21 (S.21):

• Gives a landlord the right to request you to leave the property
• The landlord does not need to give you a reason why they are asking you to leave
• Should give you two months notice
• You do not have to leave immediately

Section 8 (S.8):

• Your landlord can serve you with this notice during a fixed term agreement only where you have breached your tenant responsibilities. For example, where you have at least two months rent arrears or you have broken your agreement.

Step 2 – Possession order from the courts

If you stay in the property after your two months notice has ended, your landlord must apply to court for a possession order to get the property back. Your landlord cannot evict you himself; he must apply to the court.

Where a S.21 notice is valid your landlord will usually be granted an order by the court. Where it is not valid, you can challenge the eviction.

Step 3 – Bailiff warrant

A possession order will state a date for you to leave. If you stay beyond this date, your landlord can ask the court to send a bailiff to evict you. The court will send you a letter to let you know that the bailiffs are coming. Your landlord cannot evict you himself. Bailiffs can remove you and your belongings from the property but must not use force.

For more information about evicting tenants see:

• GOV.UK
• Shelter
• Citizens Advice - 0808 278 7873 (Richmond)

Or contact Richmond housing options for advice.

Finding a new home

If you been asked to leave by your landlord, most people will look for a new home to rent privately themselves. You are strongly urged to read these pages to help you find a new home.

Complete the housing options enquiry form